Recently, Mr. Xiao from Guangzhou and a few friends were at a restaurant.Playing mahjong with a 5 yuan bet.At that time, he was apprehended by the local public security authorities. "A total of 420 yuan in gambling funds and 30 yuan in table fees were seized at the scene."

On the second day, Mr. Xiao and his friend were administratively detained for five days by the Zengcheng District Branch of the Guangzhou Municipal Court for gambling activities.

The "Administrative Penalty Decision" provided by Mr. Xiao to the reporter.

Mr. Xiao believes

　　"Playing mahjong with my friends was not for profit, purely for entertainment, andthe amount involved was small,which does not constitute gambling." (This excerpt is from Changsha Evening News' Palm Changsha)

According to Article 70 of the Public Security Administration Punishments Law: "Participating inThe amount of gambling money is relatively large.... shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, shall be detained for not less than 10 days but not more than 15 days, and shall also be fined not less than 500 yuan but not more than 5,000 yuan.

　　How much is considered "a relatively large amount of gambling funds"?

The Public Security Punishments Law does not have a unified national standard for determining "relatively large gambling funds," but instead authorizesEach region formulates its own rules and regulations.

　　Guangdong Province stipulates:Each city shall issue relevant discretionary standards, such as Shenzhen's minimum penalty for personal gambling funds being 500 yuan, and Qingyuan's penalty threshold being expressed as: "Personal gambling funds less than 500 yuan, winnings or losses less than 200 yuan, or single bet maximum less than 50 yuan."

　　Hunan Province stipulates:Providing conditions for gambling with a single bet amount between 20 yuan and 50 yuan, or with total winnings or losses between 2,000 yuan and 5,000 yuan; providing conditions for gambling with profits less than 500 yuan... all constitute violations, punishable by detention of up to five days or a fine of up to 500 yuan.

　　Beijing stipulates:Personal gambling funds between 300 yuan and 500 yuan shall be fined up to 500 yuan; gambling funds set between 500 yuan and 1,500 yuan shall result in detention of up to five days.

　　Shanghai Municipality stipulates:Personal gambling funds exceeding 100 RMB are considered relatively large;

　　Hebei Province stipulates:Relatively large gambling funds refer to personal gambling funds exceeding 200 RMB;

　　Shandong Province stipulates:"Participating in gambling with relatively large funds" refers to an average per-person gambling amount exceeding 100 RMB or on-site gambling funds exceeding 400 RMB;

　　Jiangsu Province stipulates:The threshold for punishment is when personal gambling funds or per capita gambling funds reach 200 yuan. For gambling funds of 200 yuan or more but less than 1,000 yuan, a fine of up to 500 yuan is imposed. For personal gambling funds or per capita gambling funds of 1,000 yuan or more but less than 5,000 yuan, detention of up to 5 days is imposed.

　　Jilin Province stipulates:When the average personal gambling fund amount is 500 yuan or more but less than 2,000 yuan, or the total gambling funds seized on-site is 2,000 yuan or more but less than 5,000 yuan.

　　Sichuan Province stipulates:When the total value of gambling funds seized on-site is between 1,000 yuan and 4,000 yuan, it is considered a relatively large amount of gambling funds.

　　Does this mean we can no longer enjoy playing mahjong?

After all, mahjong is one of China's national treasures...

　　Small-stakes gambling among relatives is an exception.

1. Entertainment activities such as playing mahjong or poker with monetary wins and losses among relatives, not for profit, shall not be penalized.[Note: Regardless of the amount of stakes]

2. Among non-relatives, activities involvingA small amount of propertyWinning or losing in mahjong, playing poker, etc.Recreational activitiesIf there are fewer than ten participants, different circumstances shall be considered for discretion and punishment:

Currently, there is no judicial interpretation providing a detailed definition of "a small amount of property" and "recreational activities," and administrative authorities may exercise discretion within the scope prescribed by law.

　　A lawyer from a well-known law firm in Guangdong stated that whether it is "a small amount"[1] It should be determined based on the proportion of gambling funds to the local average wage.[2] Whether it constitutes "recreational activity"[3] It can be determined by considering the specific circumstances at the time, such as the relationship between the parties and the time of occurrence. Therefore, the casual mahjong playing among friends mentioned at the beginning of the article is not illegal, but it still needs to be assessed based on the specific situation at the time.

　　[4] What are the consequences of being caught gambling by the public security authorities?

　　[5] 1. Minor cases result in administrative detention; those who make a living from gambling or run gambling establishments may face criminal detention or imprisonment.

[6] 2. A criminal record will accompany the individual for life.

3. Personal participation in the military, party membership, studying abroad, and overseas education are all restricted; political review for military service, party membership, and pilot recruitment is difficult to pass.

4. If parents are sentenced for gambling, the criminal record accompanies them for life, and their children face restrictions in military service, party membership, studying abroad, and overseas education; political review for military service, party membership, and pilot recruitment is difficult to pass.

5. Applying for immigration visas or participating in large-scale investment exhibitions requires a certificate of no criminal record, while a criminal record accompanies one for life; citizens who have been punished are not eligible for active military service.

6. (Article images are from public online sources; if there is any infringement, please contact for removal.)